Md. Imran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3853 of 2019 Arising Out of PS. Case No.-380 Year-2016 Thana- NATHNAGAR District- Bhagalpur ====================================================== Md. Imran S/o-Fazo @ Sarfraj Resident of Mohalla- Mewelichak, Imampur, P.S.- Habibpur, District- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiwesh Chandra Mishra For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-01-2019 Heard learned counsel for the parties.

Earlier the bail of the petitioner was rejected vide order dated 04.10.2018 in Criminal Miscellaneous No. 51066 of 2018 with liberty to renew his prayer for bail after completing six months of Jail custody.

Petitioner seeks bail in Nathnagar (Lalmatiya) P.S. Case No. 380 of 2016 registered for the offence punishable under Sections 394, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

It has been submitted on behalf of the petitioner that petitioner is in custody since 31.05.2018 and he has completed more than six months of Jail custody.

Considering the aforesaid facts and circumstances of the case and considering the period of custody, let the petitioner

Patna High Court Cr.Misc. No.3853 of 2019(2) dt.30-01-2019 2/2 named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -1, Bhagalpur, in connection with Nathnagar (Lalmatiya) P.S. Case No. 380 of 2016, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U